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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
ABHINAND KUMAR SHAVILI, TIRUMALA DEVI EADA
B. Anuradha – Appellant
Versus
Moriya Ram Narayan Prasad Died – Respondent
JUDGMENT :
(Tirumala Devi Eada, J.)
This is an appeal filed by the appellant – plaintiff, being aggrieved by the judgment and decree, dated 22.03.2005 passed in O.S.No.126 of 1999 by the learned Senior Civil Judge at Khammam (for short “the trial Court”).
2. The parties are addressed herein as they were arrayed in the suit before the trial Court for the sake of convenience and clarity.
3. The case of the plaintiff before the trial Court is that the 1st defendant is her father, 2nd defendant is her junior paternal uncle, defendant Nos.3 and 4 are the younger brothers, defendant No.5 is the younger sister of the plaintiff and defendant No.6 is the mother of the plaintiff. Defendant Nos.1 and 2 are the sons of one Narsing Prasad. The said Narsing Prasad died long ago leaving behind him, defendant Nos.1 and 2 as his sole legal heirs. Thus, defendant Nos.1 and 2 are entitled to half share each in the entire joint family properties. The marriage of the plaintiff was performed on 30.03.1986. Thus, as per the provisions of Hindu Succession Act, 1956 (for short ‘the Act, 1956’), the plaintiff is entitled for 1/10th share out of the undivided half of the 1st defendant in the entire plaint schedu
Daughters have equal coparcenary rights in Hindu Undivided Family properties post-2005 amendment, but prior partitions are valid if established before the amendment.
The court affirmed that ancestral property remains so despite partition, and daughters are entitled to equal shares under the Hindu Succession Act, 1956, as amended.
Daughters have coparcenary rights from birth under the amended Hindu Succession Act, but prior partitions before the cutoff date are not invalidated, upholding their validity.
Daughters have equal coparcener rights in ancestral property under the Hindu Succession (Amendment) Act, 2005.
The ancestral property, while partitioned, remains joint family property, allowing children of a coparcener to claim their legitimate share despite their father's sale to others.
The court affirmed that partition shares from ancestral property remain joint family property for descendants, entitling them to assert claims over the inherited property.
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